FL Memo Ltd © 2008

Employment  Memo 2008 Newsletter Issue 2

PDF printer friendly version

prev page                                                                                                                                        next page

FOCUS ON

Employment agency standards

From 6 April 2009, under the amendments to the Employment Agencies Act 1973 (the “EAA”), NMW officers will have greater powers to require those operating employment agencies and employment businesses to produce documents and information. This will include financial records held by banks. Officers will have the power both to copy documents and remove them for inspection, provided they are returned as soon as practicable.

The potential fines for breaches of the EAA are also increased. On conviction in the magistrates’ court, the maximum fine remains £5,000, but there is now also scope for offences to be dealt with by the Crown Court which has power to impose unlimited fines.

 

Union membership

Following the judgment of the ECHR in the case of Aslef v UK [2007] IRLR 361, ECHR, Trade Union and Labour Relations (Consolidation) Act 1992 will be amended to permit unions to enforce rules excluding members of a political party from membership. The date these provisions will come into force is still to be confirmed. In the Aslef case, the court decided that a union’s right to freedom of association would be infringed if it were not allowed to exclude those who belong to political organisations holding views incompatible with the union’s aims.